HomeMy WebLinkAboutord1985-078Draft 5
Oct. 16, 1985 Introduced by: Consent
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Proposed by: Becker
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Date:. 7 -25 -85
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ORDINANCE NO. 85_78
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AN ORDINANCE AMENDING ORDINANCE NO. 79 -42 WHICH
6 IS CODIFIED IN WHATCOM COUNTY CODE 3.12 TO
ESTABLISH NEW PROCEDURES FOR PROCESSING CLAIMS,
7 AND FURTHER REPEALING RESOLUTION 80 -72 AS
CODIFIED AT 3.12.015 OF THE WHATCOM COUNTY CODE
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9 WHEREAS, Section 9.20 of the Whatcom County Home Rule Charter
10 requires that the County Council establish by ordinance procedures
11 for the processing of claims; and
12 WHEREAS, RCW 36.32.120 vests in the county legislative
13 authority, the duty to prosecute and defend all actions for and
14 against the County; and
15 WHEREAS, the Whatcom County Council, as the legislative
16 authority, desires to delegate certain of its duties to the Whatco
17 County Executive and the Prosecuting Attorney,
18 NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL
19 THAT:
20 Ordinance No. 79 -42 as codified in Whatcom County Code
21 3.12.010 shall be amended as follows:
22 3.12.010 Tort and damage claims. A. Filing. All
claims for damages against the county must be presented
23 to the county executive and filed with the clerk of the
county council. A summary of such claims identifying the
24 claimant, the date of the claim, the amount claimed, the
amount paid, and th e date of payment shall be prepared
25 annually by the founty Executive, or his or her designee,
and made available for inspection by the members of the
26 Whatcom County Council.
B. Requisites of Claim. All such claims for
27 damages must locate and describe the defect which caused
the injury, describe the injury and contain the amount of
28 damages claimed, together with a statement of the actual
residence of the claimant. at the time of presenting and
29 filing the claim and for a period of six months immedi-
ately prior to the time the claim accrued and be sworn to
30 by the claimant; provided, that, if the claimant is
incapacitated from verifying and filing his claim for
31 damages within the time prescribed, or if the claimant is
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Ordinance - 1.
Draft 5, Oct. 16, 1985
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I a minor, or in case the claim is for damages to real or
personal property, and the owner of the property is a
2 nonresident of the county or is absent therefrom during
the time within which a claim for damages is required to
3 be filed, the claim may be verified and presented on
behalf of the claimant by a relative or attorney or agent
4 representing the injured person, or, in case of damages
to property, representing the owner thereof.
5 C. Time for Commencement of Action. No action
shall be commenced against the county for damages arising
6 out of tortious conduct until a claim has first been
presented to the county executive, filed with the clerk
7 of the county council, and an action commenced in the
proper court within the period allowed by law for the
8 commencement of a like action against private parties.
D. Claim Forwarded to the - R- i- sk--- Naua4er, Prosecuting
9 Attorney. Every claim shall be promptly forwarded to the
Prosecuting Attorney who shall
10 consider same in light of county tort claims defense
qualifications.
11 E. All Summons and Complaints to Prosecutor afd-
1t3-&k--- Hagar. Every tort action summons and complaint
12 shall be promptly forwarded to the office of the Whatcom
County prosecutor manager.
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BE IT FURTHER ORDAINED, that unless specifically mentioned
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in this ordinance, all other provisions of Whatcom County Code
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3.12.010 shall remain the same, and shall continue in full force
16 and effect.
17 BE IT FURTHER ORDAINED, that Whatcom County Code Section
18 3.12.015 being nothing more than an uncodified resolution No.
19 80 -72, shall be repealed in its entirety, and shall be replaced by
20 a new section as follows:
21 3,12.015
,5ettl,Pn& s for toxt .c. aims. A. All settle -
22 ments for tort claims in the amount of five thousand
dollars or less may be negotiated by the prosecuting
23 attorney's office.
B. All settlements for tort claims in excess of the
24 sum of five thousand dollars shall be made by the
prosecuting attorney's office subsequent to approval by
25 the county executive.
26 3.12.015 Settlement Authority-tor Claims Against Whatcom
County.
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As Authority is delegated by the Whatcom County Council
28 to the Whatcom County Prosecuting Attorney for settlement
of all tort claims against the County where the amount to
29 be paid in the settlement is Five Thousand Dollars
($5,000.00) or less: authority is delegated to the
30 Whatcom County Prosecuting Attorney, with the approval of
the County Executive for settlement of all tort claims
31 where the amount to be paid in the settlement is more
than Five Thousand Dollars ($5,000.00) but less than
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Ordinance - 2.
Draft 5, Oct. 16, 1985
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Twenty -Five Thousand Dollars ($25,000.00). All other
settlements require Council approval.
B. Unless authorized by_ law to be_.filed directly by the
prosecuting attorney, all other civil lawsuits brou4hti
the name of or on hehalf of Whatcom County shall be
commenced upon, and only upon, the approval alof the
Whatcom County .Coungil,
PASSED this 17th day of October , 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl
Chairman
ATTEST:
Carol Ebergsonl
Clerk of the Council
APPROVED AS TO FORM:
( ) Approved ( ) Vetoed
ALL VGA,.
Shirley Van Zante
County Executive
October 18, 1985
Date signed by Executive
Randall J. Watts
Civil Deputy Prosecuting Attorney
Published on July 31, 1985 & October 23, 1985
This ordinance will become effective on - October 28, 1985 .
Ordinance - 3.
Draft 5, Oct. 16, 1985